the planning board conducted the first of its public ... › agenda › 2012 › ...x conducted two...

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The Planning Board conducted the first of its public hearings/worksessions on the proposed accessory apartment provisions on May 3, 2012. At that time, the Board determined that additional input from stakeholders would be beneficial. In response, the technical staff:

Created a webpage on the topic that includes background information on the proposed accessory apartment provisions. The page also provides opportunities for citizen comments.

Conducted two public forums in the afternoon and evening of May 21, 2012. Each meeting included a brief presentation by staff, a question-and-answer session, and additional time to interact directly with staff. Attachment 4 depicts the general categories of questions asked during the two community meetings and staff’s response to each.

Currently, an accessory apartment can only be granted through approval of a special exception by the Board of Appeals. The approval process is designed to address concerns about maintaining neighborhood character through exterior appearance, providing adequate parking and protecting against the over concentration of accessory units in any one area.

Zoning Text Amendment (ZTA) No. 12-11 proposes to permit accessory apartments by right in certain

zones based on the size of the unit and/or whether the unit is attached to or detached from the

principal one-family detached house. The ZTA establishes certain standards and requirements drafted

from existing, objective standards by which a special exception use is granted for an accessory

apartment. In addition, the maximum number of occupants is restricted for both the small and large

accessory units. A spacing requirement has been added to the use standards to limit the number of

accessory units, regardless of size, that can be constructed within a neighborhood. Last, as

recommended by the Planning Board, a maximum of 2,000 accessory apartments would be permitted in

the County. ZTA No. 12-11 attempts to reduce the processing time and expense required to provide an

accessory apartment in some cases while still ensuring that community impact concerns are being

addressed. All by-right situations would require adherence to written, quantifiable standards and

requirements and would require registration and yearly rental licensing with the Department of Housing

and Community Affairs (DHCA).

ANALYSIS The Standards and Requirements of Sections I and II below are similar to Sections I and II of the staff reports dated May 3, 2012 and June 21, 2012- restated for the convenience of the reader. I. Current Special Exception Use Standards for Accessory Apartments (Also See Attachment 2 Table for Quick Comparison)

For all Accessory Apartments: - Minimum lot size 6,000 square feet; only one per lot; must be subordinate to main dwelling - Separate entrance must preserve appearance of single-family dwelling; must have same street

address - Must not be located on a lot occupied by a family of unrelated persons - External modifications must be compatible with the main house and surrounding properties - Must provide adequate parking (min. 2 off-street spaces for the accessory apartment)

3

- Owner of lot must occupy one of the units

II. ZTA 12-11 (Also See Attachment 2 Table for Quick Comparison)

ZTA 12-11 is summarized as follows:

Two Types of Accessory Units, Two Sizes for Each Unit Type

Attached Accessory Apartment (up to 800 square feet; and from 801 square feet up to 1,200 square feet)

- A second dwelling unit that is part of the principal structure of a detached house

- Has a separate entrance

- Subordinate to principal dwelling

Detached Accessory Apartment (up to 800 square feet; and from 801 square feet up to 1,200 square

feet)

- A second dwelling that is located in a separate accessory structure on the same lot as the principal

dwelling.

- Allowed only where the principal dwelling is a detached house

- Subordinate to principal dwelling

Use Standards for Attached Accessory and Detached Accessory Apartments

All Attached and Detached Accessory Apartments

- Only one accessory apartment per lot. Cannot be located on a lot with a registered living unit or any

other rental residential use

- Must be subordinate to the principal dwelling

- Separate entrance must not be located along the front building line. Must have the same street

address

- Owner of the lot must occupy one of the units at least six months each year

- One off-street parking space is required for the accessory apartment

- In the RE-2, RE-2C, RE-1, R-200, RMH-200, and R-150 zones an accessory apartment must not be

located:

Attached: - Must have one party wall in common - Principal dwelling must be at least 5 yrs

old - Max floor area: 1,200 square feet

Detached: - Lot of more than 1 acre, through conversion of a

separate accessory structure existing on 12/2/1983 - Accessory structure built after 12/2/1983 if lot is at

least 2 acres and will house a care-giver - Max floor area: 2,500 square feet or less than 50% of

the floor area of main dwelling, whichever is less and will house either a care-giver or relative.

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Within 500 feet of another accessory apartment (attached or detached) measured in a

straight line from side property line to side property line along the same block face; and

On a lot abutting the rear lot line of any property with an accessory apartment (attached or

detached)

- In the R-90, R-60 and RNC zones an accessory apartment must not be located:

Within 300 feet of another accessory apartment (attached or detached) measured in a

straight line from side property line to side property line along the same block face; and

On a lot abutting the rear lot line of any property with an accessory apartment (attached or

detached)

- Through special exception approval, the ZTA allows deviation from any permitted use standard

regarding: (1) location of the separate entrance, (2) number of on-site parking spaces, or (3)

minimum distance from any other attached or detached accessory apartment if the Board finds, as

applicable, that: the separate entrance is located so that the appearance of a single-family dwelling

is preserved; adequate on-street parking permits fewer off-street spaces; or when considered in

combination with other existing or approved accessory apartments, the deviation in distance

separation does not result in an excessive concentration of similar uses, including other special

exception uses, in the general neighborhood of the proposed use.

Smaller Accessory Apartment (up to 800 square feet) - Floor area must not exceed 50% of the principal dwelling or 800 square feet, whichever is less - Maximum number of occupants is 3 Larger Accessory Apartment (from 801 square feet, up to 1,200 square feet) - Floor area must not exceed 50% of the principal dwelling or 1,200 square feet, whichever is less - Maximum number of occupants is 3 Staff continues to believe that any potential impacts from accessory units created as a by-right use will be reduced by the additional restrictions regarding spacing, and potential impacts on surrounding neighbors will be further minimized by the reduction in size for a detached apartment (from 2,500 to 1,200 square feet) and by the limit on the number of occupants. The proposed accessory structure provisions of the text amendment (detached accessory apartment) and the existing accessory structure provisions of the Zoning Ordinance also provide protections for adjacent properties, including the limitation of detached units to larger lot developments. As generally depicted in Attachment 2 and summarized in the “Discussion” section of this report (page 1), detached accessory apartments with a floor area up to 1,200 square feet would only be allowed by right in the RE-2, RE-2C and RE-1 zones where the minimum lot size ranges from 1 to 2 acres. Under the cluster development and Moderately-Priced Dwelling Unit (MPDU) options of these zones where the lot sizes may be less than one acre, a detached accessory apartment would be allowed by right only if located on a lot at least one acre in size. The proposed use standards also provide an opportunity to deviate from certain permitted use standards regarding: (1) location of the separate entrance, (2) number of on-site parking spaces, or (3) the minimum distance from any other attached or detached accessory apartment if an applicant is

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granted special exception approval where the Board of Appeals must make certain compatibility and impact findings.

III. Existing RLUs and Accessory Apartments (Attachment 3) Attachment 3 provides three maps prepared by DHCA depicting existing registered living units (RLUs) and accessory apartments located in the County. Generally, they indicate that there are a total of 540 licensed RLUs and 380 active special exception accessory apartments in the County. The combined total of 920 RLUs and accessory apartments equates to only 0.5 % of the 180,356 one-family detached residential units in the County (Source: U.S. Census Bureau, 2010 American Community Survey). Table 1 also indicates that 18% of the RLUs are located within 300 feet of another RLU while 26% of the active accessory apartments in the County are located within 300 feet of another accessory apartment. IV. Citizen Comments (Attachment 5) Prior to introduction of ZTA No. 12-11 (during the Planning Board’s public input process for the proposed accessory apartment ZTA), staff received a number of letters concerning the proposed text amendment; a majority (approximately 44 letters) either in opposition to the proposal or in opposition to removing the accessory apartment discussion from the Zoning Ordinance Rewrite Project (including letters from a number of civic and homeowners associations and the Towns of Chevy Chase and Somerset). Specific comments in opposition to the ZTA included: concerns about effects on neighborhood character caused by an over concentration of accessory units or by relaxing requirements for: the exterior appearance of the house and parking in neighborhoods consisting of homes on small lots. Comments also included concerns about enforcement related to existing legal and illegal accessory units, reduced safety of streets due to greater traffic congestion, and the potential overcrowding of schools. Some felt the accessory apartment discussions should not have been separated from the context of other changes being made through the Zoning Ordinance Rewrite project. Staff also received letters in favor of the ZTA (including letters from The City of Takoma Park, the Coalition for Smarter Growth and the League of Women Voters). The letters in favor of the ZTA (totaling approximately 10) state that accessory apartments permitted by right under certain circumstances could: provide affordable housing options for students or for young professionals wanting to move back to the area; enhance the economic sustainability of the area by increasing the types of housing available and housing options for home ownership; facilitate aging in place of seniors who could benefit from receiving rental income; and make more efficient use of existing housing stock. Since the introduction of ZTA No. 12-11, staff has received two additional letters; one in favor and one in opposition to ZTA No. 12-11. Staff has attached these two letters to the report (Attachment 5). Conclusion: The current number of accessory apartments is surprisingly low. This may well be attributed to the fact that the process to obtain approval of an accessory apartment is relatively onerous. Since it is exceptionally rare for a request for an accessory apartment to be denied, there does not appear to be much benefit to the current process, particularly if steps are taken to insure that by right accessory units have to meet certain requirements and standards before they can be permitted. The legislation that is proposed goes further than the current law to ensure that there will not be an over concentration of accessory apartments in any neighborhood and limits the total number of accessory units in the county

6

to 2000. Staff is confident that these additional precautions ensure that allowing by right accessory units will not result in any significant impact to the character of the county’s residential neighborhoods. ATTACHMENTS

1. Zoning Text Amendment No. 12-11 as introduced 2. Accessory Apartment Comparison Table-Existing vs. ZTA No. 12-11 Provisions 3. Maps of Existing Registered Living Units and Accessory Apartments in Montgomery County 4. General Categories of Questions Discussed at May 21 Community Meetings 5. Letters from Citizens regarding ZTA No. 12-11

GR/RK/am

ATTACHMENT 1

Zoning Text Amendment No.: 12-11

Concerning: Accessory Apartments –

Amendments

Draft No. & Date: 1-7\17\12

Introduced:

Public Hearing:

Adopted:

Effective:

Ordinance No.:

COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF

THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN

MONTGOMERY COUNTY, MARYLAND

By: District Council at the Request of the Planning Board

______________________________________________________________________________

AN AMENDMENT to the Montgomery County Zoning Ordinance to:

- revise the definitions for one-family dwelling and one-family detached dwelling-

unit;

- establish definitions for an attached accessory apartment and a detached accessory

apartment to replace the definition for an accessory apartment;

- revise the standards and requirements for a registered living unit;

- establish standards for attached and detached accessory apartments as permitted

uses;

- amend the land use table in one-family residential zones and agricultural zones to

add attached and detached accessory apartments as a permitted use under certain

circumstances; and

- establish special exception standards for attached and detached accessory

apartments

By amending the following sections of the Montgomery County Zoning Ordinance,

Chapter 59 of the Montgomery County Code:

DIVISION 59-A-2 “DEFINITIONS AND INTERPRETATION.”

DIVISION 59-A-6 “USES PERMITTED IN MORE THAN ONE CLASS OF

ZONE.”

Adding Section 59-A-6.19 “Attached accessory apartments.”

Adding Section 59-A-6.20 “Detached accessory apartments.”

DIVISION 59-C-1 “RESIDENTIAL ZONES, ONE-FAMILY.”

Section 59-C-1.3 “Standard development.”

Section 59-C-1.5 “Cluster development.”

Section 59-C-1.6 “Development including moderately priced dwelling units.”

2

DIVISION 59-C-9 “AGRICULTURAL ZONES.”

Sec. 59-C-9.3 “Land uses.”

Sec. 59-C-9.4 “Development standards.”

DIVISION 59-G-2. “SPECIAL EXCEPTIONS—STANDARDS AND

REQUIREMENTS.”

Sec. 59-G-2.00. “Accessory apartment.”

Adding Sec. 59-G-2.00.6 “Attached accessory apartment.”

Adding Sec. 59-G-2.00.7 “Detached accessory apartment.”

EXPLANATION: Boldface indicates a Heading or a defined term.

Underlining indicates text that is added to existing law by the original text

amendment.

[Single boldface brackets] indicate that text is deleted from existing law by

original text amendment.

Double underlining indicates text that is added to the text amendment by

amendment.

[[Double boldface brackets]] indicate text that is deleted from the text

amendment by amendment.

* * * indicates existing law unaffected by the text amendment.

ORDINANCE

The County Council for Montgomery County, Maryland, sitting as the District Council for

that portion of the Maryland-Washington Regional District in Montgomery County, Maryland,

approves the following ordinance:


3

Sec. 1. DIVISION 59-A-2 is amended as follows: 1

DIVISION 59-A-2. DEFINITIONS AND INTERPRETATION. 2

* * * 3

59-A-2.1. Definitions. 4

* * * 5

[Accessory apartment: A second dwelling unit that is part of an existing one-6

family detached dwelling, or is located in a separate existing accessory structure on 7

the same lot as the main dwelling, with provision within the accessory apartment 8

for cooking, eating, sanitation and sleeping. Such a dwelling unit is subordinate to 9

the main dwelling.] 10

Accessory apartment, attached: A second dwelling unit that is part of a one-11

family detached dwelling and provides for cooking, eating, sanitation, and 12

sleeping. An attached accessory apartment has a separate entrance and is 13

subordinate to the principal dwelling. 14

Accessory apartment, detached: A second dwelling unit that is located in a 15

separate accessory structure on the same lot as a one-family detached dwelling and 16

provides for cooking, eating, sanitation, and sleeping. A detached accessory 17

apartment is subordinate to the principal dwelling. 18

* * * 19

Dwelling and dwelling units: 20

Dwelling: A building or portion thereof arranged or designed to contain one or 21

more dwelling units. 22

* * * 23

Dwelling, one-family: A dwelling containing not more than one dwelling 24

unit. An accessory apartment[, if approved by special exception,] or a 25

registered living unit may also be part of a one-family dwelling. A one-26


4

family dwelling with either of these subordinate uses is not a two-family 27

dwelling[,] as defined in this section. 28

* * * 29

Dwelling unit: A building or portion [thereof] of a building providing complete 30

living facilities for not more than one family, including, at a minimum, facilities 31

for cooking, sanitation, and sleeping. 32

Dwelling unit, one-family detached: A dwelling unit that is separated and 33

detached from any other dwelling unit on all sides, except where the 34

dwelling is modified to include an accessory apartment[, approved by 35

special exception,] or a registered living unit. 36

* * * 37

Sec. 2. DIVISION 59-A-6 is amended as follows: 38

DIVISION 59-A-6. USES PERMITTED IN MORE THAN ONE CLASS OF 39

ZONE. 40

* * * 41

59-A-6.10. Registered living unit--Standards and requirements. 42

A registered living unit, permitted in[,] agricultural, one-family residential, and 43

planned unit development zones[,] must: 44

* * * 45

(i) be removed whenever it is no longer occupied as a registered living unit, 46

unless the owner applies for and is granted either a special exception or a 47

license for an attached accessory apartment [in accordance with Section 59-48

G-2.00] under Section 59-G-2.00.6 or Section 59-A-6.19, or whenever the 49

one-family detached dwelling unit in which it is located is no longer 50

occupied by the owner. 51

* * * 52


5

Sec. 59-A-6.19 Attached accessory apartment. 53

(a) Where an attached accessory apartment is permitted in a zone, only one 54

accessory apartment is permitted for each lot and it is only permitted under 55

the following standards: 56

(1) the apartment was approved as a special exception before 57

{EFFECTIVE DATE} and satisfies the conditions of the special 58

exception approval; or 59

(2) the apartment is registered with the Department of Housing and 60

Community Affairs in the same manner as a registered living unit 61

under Subsection 59-A-6.10(a)(3); and 62

(A) the owner of the lot occupies a dwelling unit on the lot at least 6 63

months of every calendar year; 64

(B) the apartment has the same street address as the principal 65

dwelling; 66

(C) a separate entrance is located on the side yard or rear yard; 67

(D) one on-site parking space is provided in addition to any 68

required on-site parking for the principal dwelling; 69

(E) in the RE-2, RE-2C, RE-1, R-200, RMH-200, and R-150 zones, 70

the attached accessory apartment is located at least 500 feet 71

from any other attached or detached accessory apartment, 72

measured in a straight line from side lot line to side lot line 73

along the same block face; 74

(F) in the R-90, R-60, and RNC zones, the attached accessory 75

apartment is located at least 300 feet from any other attached 76

accessory apartment, measured in a straight line from side lot 77

line to side lot line along the same block face; 78


6

(G) the rear lot line of the lot with the accessory apartment does not 79

abut a lot with another accessory apartment; 80

(H) if the accessory apartment is limited to a floor area of 800 81

square feet, it must be no greater than 50% of the principal 82

dwelling or 800 square feet, whichever is less; 83

(I) if the accessory apartment is limited to a floor area of 1,200 84

square feet, it must be no larger than 50% of the principal 85

dwelling or 1,200 square feet, whichever is less; and 86

(J) the maximum number of occupants is limited to 3 persons. 87

(3) The accessory apartment must not be located on a lot where any of the 88

following otherwise allowed residential uses exist: guest room for 89

rent; boardinghouse; registered living unit; or any other rental 90

residential use, other than an accessory dwelling in an agricultural 91

zone. 92

(b) (1) An attached accessory apartment special exception petition may be 93

filed with the Board of Appeals to deviate from any permitted use 94

standard regarding: 95

(A) location of the separate entrance; 96

(B) number of on-site parking spaces; or 97

(C) minimum distance from any other attached or detached 98

accessory apartment. 99

(2) To approve a special exception filed under Subsection (b)(1), the 100

Board of Appeals must find, as applicable, that: 101

(A) the separate entrance is located so that the appearance of a 102

single-family dwelling is preserved; 103

(B) adequate on-street parking permits fewer off-street spaces; or 104


7

(C) when considered in combination with other existing or 105

approved accessory apartments, the deviation in distance 106

separation does not result in an excessive concentration of 107

similar uses, including other special exception uses, in the 108

general neighborhood of the proposed use. 109

Sec. 59-A-6.20 Detached accessory apartment. 110

(a) Where a detached accessory apartment is permitted in a zone: it must be 111

located on a lot one acre or greater in size; only one accessory apartment is 112

permitted for each lot; and it is only permitted under the following 113

standards: 114

(1) the accessory apartment was approved as a special exception before 115

{EFFECTIVE DATE} and satisfies the conditions of the special 116

exception approval; or 117

(2) the accessory apartment is registered with the Department of Housing 118

and Community Affairs in the same manner as a registered living unit 119

under Subsection 59-A-6.10(a)(3); and 120

(A) the owner of the lot occupies a dwelling unit on the lot at least 6 121

months of every calendar year; 122

(B) the apartment has the same street address as the principal 123

dwelling; 124

(C) a separate entrance is located on the side yard or rear yard; 125

(D) one on-site parking space is provided in addition to any 126

required on-site parking for the principal dwelling; 127

(E) in the RE-2, RE-2C, and RE-1 zones, the detached accessory 128

apartment is located a minimum distance of 500 feet from any 129

other attached or detached accessory apartment, measured in a 130


8

straight line from side property line to side property along the 131

same block face; 132

(F) the rear lot line of the lot with the accessory apartment does not 133

abut a lot with another accessory apartment; 134

(G) if the accessory apartment is limited to a floor area of 800 135


dwelling or 800 square feet, whichever is less; 137

(H) if the accessory apartment is limited to a floor area of 1,200 138


dwelling or 1,200 square feet, whichever is less; 140

(I) the maximum number of occupants is limited to 3 persons; and 141

(J) any structure built after {EFFECTIVE DATE} to be occupied 142

as an accessory apartment must have the same minimum side 143

yard setback requirement as the principal dwelling and a 144

minimum rear yard setback requirement of 12 feet, unless more 145

restrictive accessory building or structure yard setback 146

standards are required under Section 59-C-1.326. 147

(3) The accessory apartment must not be located on a lot where any of the 148

following otherwise allowed residential uses exist: guest room for 149

rent; boardinghouse; registered living unit; or any other rental 150

residential use, other than an accessory dwelling in an agricultural 151

zone. 152

(b) (1) A detached accessory apartment special exception petition may be 153

filed with the Board of Appeals to deviate from any permitted use 154

standard regarding: 155

(A) location of the separate entrance; 156

(B) number of on-site parking spaces; or 157


9

(C) minimum distance from any other attached or detached 158

accessory apartment. 159

(2) To approve a special exception filed under subsection (b)(1), the 160

Board of Appeals must find, as applicable, that: 161

(A) the separate entrance is located so that the appearance of a 162

single-family dwelling is preserved; 163

(B) adequate on-street parking permits fewer off-street spaces; or 164

(C) when considered in combination with other existing or 165

approved accessory apartments, the deviation in distance 166

separation does not result in an excessive concentration of 167

similar uses, including other special exception uses, in the 168

general neighborhood of the proposed use. 169

* * * 170

Sec. 3. DIVISION 59-C-1 is amended as follows: 171

DIVISION 59-C-1. RESIDENTIAL ZONES, ONE-FAMILY. 172

* * * 173

Sec. 59-C-1.3. Standard development. 174

The procedure for approval is specified in Chapter 50. 175

59-C-1.31. Land uses. 176

No use is allowed except as indicated in the following table: 177

-Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the 178

zones indicated, subject to all applicable regulations. 179

-Special Exception Uses. Uses designated by the letters “SE” may be authorized 180

as special exceptions under Article 59-G. 181

182


10

RE-2 RE-

2C

RE-1 R-

200

R-

150

R-

90

R-

60

R-

40

R-4

plex

RMH

200

(a) Residential

[Accessory

apartment.4]

[SE] [SE] [SE] [SE] [SE] [SE] [SE] [SE]

Accessory

apartment,

attached (up to

800 square

feet).4

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

Accessory

apartment,

attached

(greater than

800 square feet,

up to 1,200

square feet).4

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

P*/

SE***

SE

*** SE

***

P*/

SE***

Accessory

apartment,

detached (up to

800 square

feet).4

P**

/

SE****

P**

/

SE****

P**

/

SE****

Accessory

apartment,

detached

(greater than

800 square feet,

up to 1,200

square feet).4

P**

/

SE****

P**

/

SE****

P**

/

SE****

* * * 183

4 Not permitted in a mobile home. 184

* See Sec. 59-A-6.19. Attached accessory apartment. 185

** See Sec. 59-A-6.20. Detached accessory apartment. 186

*** See Sec. 59-G-2.00.6. Attached accessory apartment.

187

**** See Sec. 59-G-2.00.7. Detached accessory apartment.

188

* * * 189


11

Sec. 59-C-1.5. Cluster development. 190

* * * 191

59-C-1.53. Development standards. 192

All requirements of the standard method of development in the respective zones, as 193

specified in Section 59-C-1.3, apply, except as expressly modified in this section. 194

195

RE-2C RE-1 R-200 R-150 R-90 R-60 RMH

200

59-C-1.531. Uses Permitted. No uses shall be permitted

except as indicated by the

letter "P" in the following

schedule. Special exceptions

may be authorized as

indicated in [section] Section

59-C-1.31.

* * *

[Accessory apartment.2] [SE] [SE] [SE] [SE] [SE] [SE] [SE]

Accessory apartment, attached

(up to 800 square feet).2

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

Accessory apartment, attached

(greater than 800 square feet,

up to 1,200 square feet).2

P*/

SE**

P*/

SE**

SE

** SE

** SE

** SE

** SE

**

Accessory apartment,

detached (up to 800 square

feet).2

P***

/

SE****

P***

/

SE****


detached (greater than 800

square feet, up to 1,200 square

feet).2

P***

/

SE****

P***

/

SE****

* * *

2 Not permitted in a townhouse, one-family attached dwelling unit, or mobile 196

home. 197


12


** See Sec. 59-G-2.00.6. Attached accessory apartment. 199

*** See Sec. 59-A-6.20. Detached accessory apartment. 200


201

* * * 202

Sec. 59-C-1.6. Development including moderately priced dwelling units. 203

* * * 204

59-C-1.62. Development standards. 205

206


13

RE-

2C8

RE-18 R-200 R-150 R-90 R-60 R-40

59-C-1.621. Uses

Permitted. No uses are

permitted except as

indicated by the letter "P"

in the following schedule.

Special exceptions may be

authorized as indicated in

[section] Section 59-C-

1.31, [title "Land Uses,"]

subject to [the provisions

of article] Article 59-G.

* * *

Registered living unit.3,5

P P P P P P

[Accessory apartment.3] [SE] [SE] [SE] [SE] [SE] [SE]


attached (up to 800 square

feet).3

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**

P*/

SE**


attached (greater than 800

square feet, up to 1,200

square feet).3

P*/

SE**

SE

** SE

** SE

** SE

** SE

**


detached (up to 800 square

feet).3

P***

/

SE****

P***

/

SE****


detached (greater than 800

square feet, up to 1,200

square feet).3

P***

/

SE****

P***

/

SE****

* * * 207

3 Not permitted in a townhouse, one-family attached dwelling unit, or mobile 208

home. 209


** See Sec. 59-G-2.00.6. Attached accessory apartment. 211

*** See Sec. 59-A-6.20. Detached accessory apartment. 212


14


213

* * * 214

Sec. 4. DIVISION 59-C-9 is amended as follows: 215

DIVISION 59-C-9. AGRICULTURAL ZONES. 216

* * * 217

Sec. 59-C-9.3. Land uses. 218

No use is allowed except as indicated in the following table: 219

— Permitted uses. Uses designated by the letter “P” are permitted on any lot in 220

the zones indicated, subject to all applicable regulations. 221

— Special exception uses. Uses designated by the letters “SE” may be authorized 222

as special exceptions under Article 59-G. 223

224


15

Rural RC LDRC RDT RS RNC RNC/

TDR

* * *

(e) Residential:2

[Accessory

apartment.6,7

] [SE] [SE] [SE] [SE

48] [SE] [SE]

Accessory dwelling.7 SE SE SE SE

48 SE SE SE

Accessory dwelling

for agricultural

workers.42

P


attached (up to 800

square feet).6,7

P*/

SE**

P*/

SE**

P*/

SE**

P48,*

/S

E48,**

P*/

SE**


attached (greater than

800 square feet, up to

1,200 square feet.6,7

P*/

SE**

P*/

SE**

P*/

SE**

P48,*

/S

E48,**

SE

**


detached (up to 800

square feet).6,7

SE***

SE***

SE***

SE48,***


detached (greater

than 800 square feet,

up to 1,200 square

feet.6,7

SE***

SE***

SE***

SE48,***

* * * 225

6 Not permitted in a mobile home. 226

7 [As a special exception regulated by divisions 59-G-1 and 59-G-2, such a] An 227

accessory dwelling unit, including an attached or detached accessory apartment, is 228

excluded from the density calculations [set forth] in [sections] Sections 59-C-9.41[, 229

title "Density in RDT Zone,"] and 59-C-9.6[, title "Transfer of Density-Option in 230

RDT Zone."]. Once the property is subdivided, such a dwelling would no longer 231

comply with [the special exception regulations or with] this exclusion. A special 232


16

exception is not required for a dwelling that was a farm tenant dwelling in 233

existence [prior to] before June 1, 1958[, provided, that] if the dwelling meets all 234

applicable health and safety regulations. 235

* * * 236

48 If property is encumbered by a recorded transfer of developments rights 237

easement, this use is prohibited. However, any building existing on October 2, 238

2007 may be repaired or reconstructed if the floor area of the building is not 239

increased and the use is not changed. 240

* * * 241


** See Sec. 59-G-2.00.6. Attached accessory apartment.

243

*** See Sec. 59-G-2.00.7. Detached accessory apartment.

244

* * * 245

Sec. 59-C-9.4. Development standards. 246

* * * 247

59-C-9.41. Density in RDT zone. 248

Only one one-family dwelling unit per 25 acres is permitted. (See [section] Section 249

59-C-9.6 for permitted transferable density.) The following dwelling units on land 250

in the RDT zone are excluded from this calculation, provided that the use remains 251

accessory to a farm. Once the property is subdivided, the dwelling is not excluded: 252

(a) A farm tenant dwelling, farm tenant mobile home, or guest house, as defined 253

in [section] Section 59-A-2.1[, title "Definitions."]. 254

(b) An accessory apartment or accessory dwelling regulated by the special 255

exception provisions of Division 59-G-1 and 59-G-2 and Sections 59-A-6.19 256

and 59-A-6.20. 257

* * * 258

Sec. 5. DIVISION 59-G-2 is amended as follows: 259


17

DIVISION 59-G-2. SPECIAL EXCEPTIONS—STANDARDS AND 260

REQUIREMENTS. 261

The uses listed in this Division, as shown on the index table below, may be 262

allowed as special exceptions in any zone where they are so indicated, as provided 263

in this Article, subject to the standards and requirements in this Division and the 264

general conditions specified in Section 59-G-1.21. 265

USE SECTION 266

* * * 267

Accessory apartment G-2.00 268

Accessory apartment, attached G-2.00.6 269

Accessory apartment, detached G-2.00.7 270

* * * 271

Sec. 59-G-2.00. Accessory apartment. (The standards below reflect the 272

conditions required only for an accessory apartment approved before 273

{EFFECTIVE DATE}.) 274

A special exception may be granted for an accessory apartment on the same lot as 275

an existing one-family detached dwelling, subject to the following standards and 276

requirements: 277

* * * 278

Sec. 59-G-2.00.6 Attached accessory apartment. 279

A special exception may be granted for an attached accessory apartment on the 280

same lot as an existing one-family detached dwelling, subject to the special 281

exception provisions of Division 59-G-1 and the standards and requirements of 282

Section 59-A-6.19. 283


18

Sec. 59-G-2.00.7. Detached accessory apartment. 284

Where a detached accessory apartment is permitted in a zone, only one detached 285

accessory unit is permitted for each lot and it is only permitted under the special 286

exception provisions of Division 59-G-1 and the standards and requirements of 287

Section 59-A-6.20. 288

289

Sec. 6. Effective date. This ordinance becomes effective 20 days after the 290

date of Council adoption. 291

292

Sec. 7. Sunset. Sections 1-5 of ZTA 12-11 shall cease to be effective after 293

the 2,000th

accessory apartment is registered with the Department of Housing and 294

Community Affairs. 295

296

This is a correct copy of Council action. 297

298

________________________________ 299

Linda M. Lauer, Clerk of the Council 300

ATTACHMENT 2

Accessory Apartments

Existing Zoning ZTA No. 12-11 (denotes change from existing code) Definition of Accessory Apartment: A second dwelling unit that is part of an existing one-family detached dwelling, or is located in a separate existing accessory structure on the same lot as the main dwelling, with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling unit is subordinate to the main dwelling.

Definition of Accessory Apartment: A second dwelling unit in a detached house building type (or in a detached accessory structure) and provides for cooking, eating, sanitation and sleeping, must be subordinate to the principal dwelling and requires a separate entrance.

Size restriction: Attached < 1,200sf Detached < 2,500sf

Size restriction: Attached: (< 800sf), (801 - 1,200sf) Detached: (< 800sf), (801 - 1,200sf)

Lot size requirements: Attached accessory apt - on a lot of one acre or less apartment must have one party wall in common. Detached accessory apt - on a lot of more than 1 acre created through conversion of separate accessory structure existing on lot prior to 12/2/1983. Or, detached accessory apartment in an accessory structure built after 12/2/1983 requires 2 acres and will house either a care-giver or relative.

Lot size requirements: Attached accessory apt -Minimum lot size required in the zone Detached accessory apt - Minimum lot size required in the zone but no less than one acre in cluster development

No by right uses By right use in the following zones: Attached, (< 800sf): RE-2C, RE-2, RE-1, RMH-200, R-200, R-150, R-90, R-60, Rural, RC, LDRC, RDT and RNC Attached, (801 - 1,200sf): RE-2C, RE-2, RE-1, RMH-200, R-200, R-150 Rural, RC, LDRC, and RDT Detached (up to 1,200sf): RE-2C, RE-2, and RE-1

Special Exception use in the following zones: Attached and Detached: Rural, RC, LRDC, RDT, RNC, RNC/TDR, RE-2,RE-2C, RE-1, R-200, R-150, R-90, R-60, RMH200

Special Exception Use in the following zones: Attached, (801 - 1,200sf): R-60, R-90 and RNC Detached, (< 800sf): Rural, RC, LDRC, and RDT Detached, (801 - 1,200sf): Rural, RC, LDRC, and RDT

2

Standards for Special Exception approval: Standards for By-right use approval:

1. Principal dwelling unit must be detached house 1. Principal dwelling unit must be detached house

2. Only one accessory apartment per lot; must be subordinate to principal dwelling

2. Only one accessory apartment per lot; must be subordinate to principal dwelling

3. Owner of lot must occupy either principal dwelling or apartment

3. Owner of lot must occupy either principal dwelling or apartment

4. Must not be located on a lot occupied by a family of unrelated persons

4. Occupancy limited to maximum of 3

5. Must have separate entrance to preserve appearance of the building type

5. Separate entrance must not be located along the front building line

6. Apartment must have same address as principal dwelling

6. Apartment must have same address as principal dwelling

7. 2 parking spaces required unless Board finds that there is adequate on-street parking

7. 1 parking space required in addition to any required parking for the principal dwelling

8. Principal dwelling must be at least 5 years old 8. N/A

9. No excessive concentration 9. Spacing requirement: In the R-90, R-60 and RNC zones an accessory apartment must not be located: 1) within 300 feet of another accessory apartment measured in a straight line from side property line to side property line along the same block face; and 2) on a lot abutting the rear lot line of any property with an accessory apartment

In the RE-2, RE-2C, RE-1, R-200, RMH-200, and R- 150 zones an accessory apartment must not be located: 1) within 500 feet of another accessory apartment measured in a straight line from side property line to side property line along the same block face; and 2) on a lot abutting the rear lot line of any property with an accessory apartment Cap of 2,000 accessory apartments in County

10. External modifications must be compatible with main house and surrounding property

10. N/A, However for a detached accessory apartment any structure built after (THE EFFECTIVE DATE OF THE ZTA) to be occupied as an accessory apartment must have the same minimum side yard setback requirement as the principal dwelling and a minimum rear yard setback requirement of 12 feet unless more restrictive accessory building or structure yard setback standards are required under Section 59-C-1.326.

11. General Special Exceptions standards 11. Same as current General Special Exception standards

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ATTACHMENT 3

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ATTACHMENT 4

General Categories of Questions Discussed at May 21 Community Meetings

Below are 13 general categories of questions (and staff responses in red) that were discussed at the May

21, 2012 community meetings. In addition to these questions, the clear overwhelming concern in both

meetings was how enforcement of existing and new accessory apartments could and would be

addressed by DHCA. As staff stated at the meeting, DHCA will become more involved should a ZTA be

introduced by the County Council.

Why is an Accessory Apartment ZTA being recommended separately from the zoning rewrite

process?

Addressing changes to the accessory apartment use outside of the Zoning Ordinance Rewrite provides a

dedicated review of the issue that will include more time for Planning Board discussion and review and

more opportunities for the public to testify on proposed changes. A review within the context of the

Rewrite would minimize the time spent on one particular issue.

What are the main policy objectives behind this ZTA? If affordable housing is the main goal, will

it really result in enough units to warrant the change?

The primary objective of the accessory apartment ZTA is to provide a more flexible housing option than

currently exists in the zoning ordinance. The ZTA recognizes the potential benefit of providing a revised

review procedure for a small, attached accessory unit to address a wider variety of housing needs not

captured by Registered Living Units (RLUs). The benefit of a small attached unit may be that the owner

does not require physical care, nor have a family member able to move in, but may want the company,

and/or rental income the unit could provide. The unit may provide a young professional the ability to

afford their first home, or access to a neighborhood while they save for their first home.

How will the accessory apartment ZTA improve availability of affordable housing?

Typically, rental units within a single-family home rent below the average market rate for a unit of the

same size in an apartment/condo building (“Accessory Units: An Increasing Source of Affordable

Housing,” by Patrick Hare and John Danbury, Public Management, International City Management

Association, (9/1991). Lower rents are possible primarily because accessory apartments do not require

the development of new land and are cheaper to build than conventional rental units.

How will the law that requires 300 foot separation of accessory apartments in a neighborhood

on same side of the street affect homeowners’ rights? How will this hold up if challenged in a

court of law?

Currently, special exceptions can be denied based on an overconcentration. In addition, the code also

contains a spacing requirement for other uses such as an adult entertainment business.

Will accessory apartments lower home values? Accessory apartments are currently permitted

by special exception approval in the same locations as recommended by right in the proposed

legislation. The proposed use standards were drafted from many of the existing, objective

standards by which a special exception use is granted for an accessory apartment. The current

subjective special exception standard prohibiting an overconcentration of accessory apartments

in a neighborhood is being replaced with a quantifiable spacing provision.

Is there a problem with the approval process for accessory apartments that the ZTA is

attempting to fix?

No, the rationale for introducing a revised accessory apartment use is to provide a flexible option for

housing that retains most of the special exception regulations in the current code. The proposed ZTA

retains requirement of DHCA approval and licensing including an annual renewal of the rental license.

Explain how the new ZTA will not lead to tandem housing?

Tandem housing is two separate houses on one lot, detached. The small attached unit being

recommended by right cannot be separate from the principal dwelling. Both detached and attached

units must be less than 50% the size of the principal dwelling and cannot be subdivided and sold as can a

separate detached house.

The proposed ZTA relaxes the approval process of accessory apartments; how will the ZTA affect

the administration and enforcement of the standards for accessory apartments. How will the

County meet the increased demand for inspection and enforcement?

No change is proposed in the approval and licensing by DHCA or enforcement of code violations. Staff

research on accessory dwelling unit show annual installation rates that generally range between .2 to .5

accessory units per 1,000 single-family detached homes. In any case, DHCA will address issues about

licensing and enforcement should a ZTA be introduced by County Council.

How will the county be accountable for accessory apartments that are established “by right”?

An accessory apartment that is permitted by-right does not mean it can be created without approval or

licensing. Accessory units must still meet all building code requirements for approval and all rental

requirements for licensing, requiring annual renewal.

Why not place an annual ceiling on the number of accessory apartment approvals in the

County?

Staff believes that by establishing a spacing provision we can better address overconcentration and

therefore minimizing impacts of allowing new units in the County (versus placing an annual ceiling on

the number of units allowed). As indicated by DHCA, approximately 26% of the active accessory

apartment special exceptions are within 300 feet of another accessory apartment. The proposed spacing

provision would make it unlikely that another accessory apartment could locate within those areas.

What happens to special exceptions already granted to homeowners?

The proposed ZTA would grandfather existing approved special exceptions to the conditions and

requirements as they existed when approved.

How will accessory apartments operating without a special exception approval or license be

handled if the ZTA is adopted? What happens if a building cannot be brought into compliance

such as accessory apartments currently in detached garages?

Currently, the ZTA does not include an amnesty provision. As such, any illegal accessory apartment will

have to apply for legal status based on the proposed standards and requirements.

Why does proposed ZTA reduce the required number of parking spaces on the homeowner’s

property for occupants of the accessory unit? Could the provision of additional parking on-site

lead to increased paving of yards?

Required parking space has been reduced to 1 because the size of apartment was decreased from 1,200

to 800 SF and occupancy is limited to 3 people in new ZTA. In the smaller lot residential zones (minimum

size less than an acre), there is a maximum percentage of the area of the front yard that can be covered

by surfaced area

the planning board conducted the first of its public ... › agenda › 2012 › ...x conducted two...

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